Office of the Attorney General Annual Report 2009 Incorporating the



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Total


32

26

8

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3

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90


Statistics for 2009
Chief State Solicitor’s Office


Chief State Solicitor’s Office

Applications

Received

Journalists

Business

Oireachtas

Staff

Others


01/01/09 to 31/12/09

10

4

0

0

0

6























Statistics from 21 April 1998 to 31 December 2009


Chief State Solicitor’s Office

Applications

Received

Journalists

Business

Oireachtas

Staff

Others


21/04/98 to 31/12/09

99

16

2

0

37

44























Annex H

Training and Development - Merrion Street Office
Breakdown of Expenditure on Training on Development for 2009 in respect of the Office of the Attorney General:


  • The total cost of training and development for 2009, including the cost of administration, was €146,737.20

  • Excluding administration costs the training and development budget was broken into four specific areas, Staff Training and Development, Refund of Fees, Membership Fees and Conferences

  • Two members of staff received a refund of fees during 2009 at a cost to the Office of €10,639


Expenditure on Training & Development – 2009




Item







Expenditure €


Staff Training and Development


€17,444.49

Refund of Fees


€10,639

Membership Fees


€7,798.95

Conferences


€20,418.65

Trainers’ salaries


€25,134.11

Cost of administration


€65,302



Total





146,737.20

Total Payroll costs A1


10,277,101

Expenditure on T & D as % of salary cost



1.42%


Training and Development 2009 CSSO

Breakdown of Chief State Solicitor’s Office Expenditure on Training & Development 2009

Training and Development 2009 CSSO

Breakdown of Chief State Solicitor’s Office Expenditure on Training & Development 2009

The role of the Training and Development Unit (TDU) of the Chief State Solicitor’s Office is to provide targeted training for staff throughout the office. Throughout 2009 the TDU undertook a number of areas of training which had been identified by staff in their Personal Training and Development Forms under Performance Management and Development System (PMDS) and areas of training prioritised by the office ranging from health & safety issues, to legal topics to administrative training requirements. 2009 saw more of a focus on providing in-house training for staff, taking into account the 2008 CPD regulations which included public sector solicitors for the first time.


The following training was provided for staff during 2009:-

  • Induction training for staff new to the Office

  • PMDS training for new staff to the Office

  • Training sessions on the ACME system were provided for new entrants to the Office

  • Manual handling training was provided for all staff during 2009

  • Other training relating to Health and Safety was provided for staff such as, Fire Marshal training, Occupational & Refresher First Aid Training

  • TDU contacted the Divisional Managers in early 2009 to look at topics that would be suitable for inviting speakers into the office to talk to staff under an in-house talk’s initiative

  • Solicitor staff were required to complete 10 hours Continuing Professional Development (CPD) hours in 2009

  • External conferences and seminars relevant to the business undertaken by the Office were attended by staff throughout the year

  • Based on information provided by staff under PMDS and requests made throughout the year the Training and Development Unit organised a number of general training courses for staff

The Training Unit were allocated €241,000.00 in order to provide training and development for CSSO staff during 2009. The allocation was broken into three specific areas.




Area

Allocation

Spend

Summary

Delegated Budget

74,200.00

50,947.79

This amount was divided between the 6 divisions, with each division responsible for working within the allocated amount.

Refund of Fees

40,000.00

41,518.00

During 2009, a refund of fees to staff was made in relation to 19 courses

Holding Fund

126,800.00

60,191.32

This fund was used for expenditure by the TDU on a number of areas of training


Annex I
Organisation Chart:




Annex J
High Court Cases from 2009 Involving the State
O'Donnell, and Others v South Dublin County Council, the Minister for the Environment, Heritage and Local Government, Ireland and the Attorney General

Judgment delivered by Edwards J on 11/01/2009

These judicial review proceedings related to a challenge whereby the applicants claimed that they were entitled by law to be provided with suitable, adequate and accessible caravan accommodation by the first named respondent and that, by failing to provide such accommodation, the Council had acted in breach of their statutory duty under the Housing Acts 1966-2004 and the European Convention on Human Rights Act 2003.
Frank Koranteng v District Judge Sheridan and the Director of Public Prosecutions

Judgment delivered by Edwards J on 12/01/2009

This was an application for habeas corpus made in respect of the applicant's detention following his failure to produce necessary identification documents without satisfactory explanation.
The Minister for Justice, Equality and Law Reform v Tomasz Laks

Judgment delivered by Peart J on 14/01/2009

This was a challenge to the request for the surrender of the respondent who was sought by a Polish judicial authority in order to serve a sentence of 10 months’ imprisonment which had been imposed upon him there.
JC v The Minister for Justice, Equality and Law Reform and the Commissioner of An Garda Síochána

Judgment delivered by Cooke J on 14/01/2009 (ex tempore)

In these judicial review proceedings the applicant challenged the revocation by the Garda National Immigration Bureau of the applicant’s “leave to remain” in the State.
Patrick Hickey, Drishlawn Limited, Hickey’s Pharmacy Ltd., Wheaton Pharmacy Ltd., Gleeson’s Pharmacy Ltd., Philip Dillon Ltd., Estherfield Ltd., DGM Pharmacies Ltd., T/A Hickey’s Pharmacy v Health Service Executive

Judgment delivered by Finlay-Geoghegan J on 19/01/2009

This case was a decision on damages following an earlier finding by the Court of breach of contract by the Health Service Executive.
Kevin Tracey (Applicant) v District Judge Miriam Malone and District Judge Bridget Reilly (Respondents)

Judgment delivered by Cooke J on 20/01/2009

In these judicial review proceedings the applicant sought to quash “rulings or orders” claimed to have been made by the respondents at hearings together with a stay of the District Court proceedings.
The Minister for Justice, Equality and Law Reform v Perry John Wharrie

Judgment delivered by Peart J on 22/01/2009

The respondent challenged his surrender sought by a judicial authority in the United Kingdom under a European arrest warrant.
Tran Tuan Anh v District Judge Geoffrey Browne, the Director of Public Prosecutions and the Governor of Castlerea Prison

Judgment delivered by O'Neill J on 23/01/2009

In these judicial review proceedings the applicant sought to quash certain orders pertaining to the extension of time to serve the book of evidence.
David O’Quigley v Her Honour Judge Olive Buttimer and Mary O’Quigley

Judgment delivered by Edwards J on 26/01/2009

In these proceedings the applicant sought to appeal an Order of Discovery made by the Master of the High Court in aid of the applicant’s judicial review proceedings.
Minister for Justice, Equality and Law Reform v Domenikas Paulauskas

Judgment delivered by Peart J on 28/01/2009

These proceedings related to the surrender of the respondent sought by a Lithuanian judicial authority on foot of a European arrest warrant.
Minister for Justice, Equality and Law Reform v Grzegorz Dus

Judgment delivered by Peart J on 28/01/2009

These proceedings related to the surrender of the respondent sought by a Polish judicial authority under a European arrest warrant.
Minister for Justice, Equality and Law Reform v James Anthony Tighe

Judgment delivered by Peart J on 28/01/2009

These proceedings related to the surrender of the respondent sought by a United Kingdom judicial authority under a European arrest warrant.
James Macharia v The Governor of Cloverhill Prison

Judgment delivered by Peart J on 03/02/2009

This was a habeas corpus application which challenged the lawfulness of the applicant’s detention on foot of a warrant purported to have been issued from the Dublin Metropolitan District Court.
David Smith v Patrick Meade, Philip Meade, FBD Insurance Plc, Ireland and the Attorney General

Judgment delivered by Peart J on 05/02/2009

This was a challenge to an insurance company which declined to provide indemnity in respect of the plaintiff’s injuries on the basis that the policy in question did not cover liability where the personal injuries occurred in a part of the vehicle which was not designed and constructed with seating accommodation for passengers.
Ayavoro v Health Service Executive and Minister for Social and Family Affairs

Judgment delivered by O'Neill J on 06/02/2009

This was a judicial review challenging the refusal of Supplementary Welfare Allowance and Jobseeker’s Allowance.
Neil Bates v The Minister for Agriculture, Fisheries and Food, Ireland and the Attorney General

Judgment delivered by McMahon J on 06/02/2009

The plaintiff sought an injunction of prohibition until the trial of an action prohibiting the third-named respondent from proceeding with the trial by way of indictment of the plaintiff until the within proceedings have to be determined by the High Court.
Cairde Chill an Disirt Teoranta v An Bord Pleanála , Ireland and the Attorney General and Shannon Explosives Limited, Clare county Council, an Taisce, Terence Corry, John Hurley, Noel Corry, Margaret Ayres

Judgment delivered by Cooke J on 06/02/2009

These judicial review proceedings related to public access to planning appeal procedures.
Gertruda Kudelska v An Bord Altranais

Judgment delivered by Hedigan J on 10/02/2009

In these proceedings the applicant sought an order cancelling the decision of the Board to erase her name from the Register of Nurses and an order directing the Board to reinstate her name to the Register of Nurses.
Veronica Thembisa Somqisha v The HSE and the Mercy University Hospital Limited and, by order, Ireland and the Attorney General

Judgment delivered by Edwards J on 11/02/2009

These proceedings related to a habeas corpus application in respect of the lawfulness of the detention of a woman in hospital.
Niall Harnett v Conor O’Reilly and Commissioner of An Garda Síochána, the Attorney General, and Ireland

Judgment delivered by Peart J on 12/02/2009

In these judicial review proceedings the applicant challenged the lawfulness of the seizure of his vehicle by gardaí from him at the site of a protest at the gates of the Shell site in Belmullet, Co. Mayo.
John McDonagh v The Director of Public Prosecutions

Judgment delivered by Hedigan J on 12/02/2009

In these judicial review proceedings the applicant sought an injunction restraining his prosecution in relation to charges on the grounds of delay and that there was a real and substantial risk that he would not get a fair trial because one of the witnesses could not be located.
The Minister for Justice, Equality and Law Reform and the Commissioner of An Garda Síochána v The Director of the Equality Tribunal and Others

Judgment delivered by Charleton J on 17/02/2009

In these judicial review proceedings the applicant challenged the jurisdictional limits of the Equality Tribunal.
The National Tourism Development Authority v JP Coughlan and Others

Judgment delivered by Charleton J on 17/02/2009

These proceedings pertained to a determiniation as to whether a trust was charitable.
Board of Management of St. Molaga’s National School (Applicant) v Secretary General of the Department of Education and Science, Kevin Meehan, Ann O’Sullivan and Paddy Hogan (Respondents)

Judgment delivered by Irvine J on 17/02/2009

These judicial review proceedings related to a challenge to a decision of an appeals committee under section 29 of the Education Act 1998.
Minister for Justice, Equality and Law Reform v Vida Valentinas Stasinas

Judgment delivered by McCarthy J on 18/02/2009

These proceedings related to the surrender of the respondent sought by a Lithuanian judicial authority pursuant to a European arrest warrant.
Paul Walsh (Plaintiff) v The Minister for Justice, Equality and Law Reform, the Minister for Finance, Ireland and the Attorney General (Defendants)

Judgment delivered by Laffoy J on 19/02/2009

The Plaintiff sought remedies for the refusal of the Minister for Justice, who had statutory responsibility for provision of criminal legal aid, to discharge his fees in connection with the representation by him of an accused who had free legal aid which covered representation by senior counsel.
John Kneafsey v The Commissioner of An Garda Síochána

Judgment delivered by O'Neill J on 20/02/2009

In these judicial review proceedings the applicant sought an order of prohibition restraining the respondent from taking any further steps in a disciplinary enquiry initiated against the applicant and on which a hearing had been arranged to take place in November 2006.
Joseph Kemmy v Ireland and the Attorney General

Judgment delivered by McMahon J on 25/02/2009

In these proceedings the plaintiff sought damages against the State for an infringement by the State, through its judicial organ, of the plaintiff’s constitutional right to a fair trial.
St. Vincent’s Healthcare Group Ltd v Commissioner of Valuation

Judgment delivered by Cooke J on 26/02/2009

This was an appeal from the Valuation Tribunal’s determination in respect of a car park.
Donall Murray and Air Ambulance Services Ltd (Plaintiffs) v Sandra Fitzgerald, Ireland and the Attorney General (Defendants) and consolidated pursuant to order of the High Court, incorporating 10 separate actions

Judgment delivered by MacMenamin J on 27/02/2009

The Plaintiffs sought an order for the preliminary determination of a number of points of law.
Zoran Andjelkovic (Applicant) v The Governor of Cloverhill Prison (Respondent)

Judgment delivered by Hedigan J on 04/03/2009

This habeas corpus application involved a challenge by a Dutch national to his detention under section 15A of the Misuse of Drugs Act 1977 on the basis of alleged unlawful procedures in the District Court at Cloverhill.
Robert Balaz (Applicant) v His Honour Judge Anthony Kennedy and the Director of Public Prosecutions (Respondents)

Judgment delivered by Hedigan J on 05/03/2009

In these judicial review proceedings the applicant sought an order of certiorari quashing the decision of the first respondent (a Circuit Court Judge assigned to the Midlands Circuit) to affirm the conviction and sentence imposed by the District Court on the applicant on grounds of bias and error of law.
Paul O’Brien v The Member in Charge, Bridewell Garda Station; Jean Cummins and Anthony O’Brien v Superintendent, An Garda Síochána, Pearse Street Garda Station

Judgment delivered by Peart J on 05/03/2009

This was a habeas corpus hearing in respect of the continued detention of the applicants under section 30 of the Offences Against the State Act 1939.
Desmond Crofton v The Minister for the Environment, Heritage and Local Government

Judgment delivered by Hedigan J on 10/03/2009

These judicial review proceedings related to the respondent's decision to continue the prohibition of hunting on State-owned lands.
The Minister for Justice, Equality and Law Reform v Dominik Slonski

Judgment delivered by Peart J on 10/03/2009

The respondent challenged his surrender sought by a judicial authority in Poland on foot of a European arrest warrant.
Sandra Boland (Applicant) v Minister for Justice Equality and Law Reform (Respondent)

Judgment delivered by Sheehan J on 10/03/2009

This matter related to an application for an interlocutory injunction to prohibit the termination of a contract of employment with the Department of Justice.
Jackson Way Properties Limited (Applicant) v Dun Laoghaire Rathdown County Council (Defendant)

Judgment delivered by Laffoy J on 11/03/2009

These proceedings concerned an application to amend pleadings.
The Minister for Justice, Equality and Law Reform v Tomasz Fil

Judgment delivered by Peart J on 13/03/2009

The surrender of the respondent was sought by a Polish judicial authority under a European arrest warrant.
Fergal O’Connell v The Health and Safety Authority (Struck Out By Order), the Minister for Enterprise, Trade and Employment and By Order Ireland and the Attorney General

Judgment delivered by Sheehan J on 13/03/2009

In these judicial review proceedings the applicant sought an order of certiorari quashing a decision of the Minister to suspend/postpone the certification of shot firers by virtue of the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2008 (S.I. No. 130/2008).
Louis Blehein v The Minister for Health, Ireland and the Attorney General

Judgment delivered by Laffoy J on 16/03/2009

The applicant sought leave to re-enter proceedings which had been adjourned generally with liberty to re-enter in July 2005.
Martha O'Neill and Others v An Taoiseach, Ireland and the Attorney General

Judgment delivered by Murphy J on 18/03/2009

This was an appeal against an order for discovery.
Patricia Byrne v Dublin City Council and the Attorney General

Judgment delivered by Murphy J on 18/03/2009

The applicant sought an interlocutory injunction restraining Dublin City Council, the respondent and her landlord, from evicting her from her residence in Dublin.
The Minister for Justice, Equality and Law Reform v Adam Walas

Judgment delivered by Peart J on 19/03/2009

The surrender of the respondent was sought by a judicial authority in Poland on foot of a European arrest warrant.

Seamus Treacy v Cork County Council; the Minister for the Environment, Heritage and Local Government; Ireland and the Attorney General and Kieran Coughlan and Claire Riordan

Judgment delivered by Hedigan J on 24/03/2009

In these judicial review proceedings the applicant sought an order of certiorari of the decision to grant planning permission.
OF v Judge Hugh O'Donnell, Ireland and the Attorney General (Respondents) and TF (Notice Party); and MI v Judge Hugh O'Donnell (Respondent) and BH, Ireland, the Attorney General and the Minister for Justice (Notice Parties)

Judgment delivered by O'Neill J on 27/03/2009

In these judicial review proceedings the applicant sought costs following earlier judicial review proceedings.



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